Help required from Blair Endersby

[MelanieGiles]

Keep at them - they have to let you know how they have calculated their figures.

[Ceedy]

Well just had a reply from the OR, although there is enclosed a pamphlet and in the letter it says the info on figure /allowances is in it . it is not .. not single number mentioned anywhere.

Are they legally obliged to supply actual details of their calcs.

[Skippy]

I have read on other forums that BR allowances are being tightened, and also that some people have had their allowances cut if their IPA is reassessed by the RTLU if they feel that the original OR has been too lenient. Someone actually questioned their allowances with the RTLU and that's what they were told.

I can't help thinking that is what happened to my allowances, as when my IPA was reassessed I ended up paying more than I thought I would. I wish I'd queried it now, but hey ho!

Good luck Ceedy, I hope you get this sorted out x

[MelanieGiles]

We have also heard this directly from OR staff - and in a way I am glad as why should creditors squeeze debtors under IVA proceedings and allow a retention of disposable income under bankruptcy proceedings? There should be a consistent approach across the board.

[Skippy]

I agree to a point Melanie, but I don't think it should be retrospective. I don't think it's fair to say to someone that although they thought they had a certain amount to live on they don't any more, as sorry, we were too lenient. It's hardly the bankrupt's fault.

To be honest I'm struggling since my pay cut as I lost £80 and my IPA was only reduced by £25. There's no point in me asking the OR to review it as nothing has really changed since they reviewed in April, things were tight straight away.

My salary is going to drop by another £20 or so soon as my tax code will be changing so things are going to get even harder. My one consolation is I've only got 10 more payments left and hopefully we can muddle through.

[MelanieGiles]

Agreed. And with your paycut it sounds as if you are paying 100% of your DI under the IPO, rather than the 50% to 70% that most people seem to think will be applied.

[Skippy]

If the RTLU had agreed with my figures (which were much the same as the original ones) I would be paying £120 a month using the figures on the OR's guideline table. That £40 a month would make a big difference!

[Michael Peoples]

I think too many people are bullied into IPAs and if they stood their ground the OR would not push it. I had a client who drove a Mitsubishi Charisma costing £500 per month and the OR told him to get rid of it as he wanted an IPO. The client refused and the matter went before the judge. The client explained to the judge that he believed the ORs demands to be unreasonable and the OR complained that the vehicle was a sports car and the client was only 26. The judge asked the OR what he drove when he was 26 and when the OR said a Morris Minor the judge told him to 'Take your jealousy out of my courtroom' and the client kept his car and no IPO.

I personally would offer the OR £50 or so to cover some costs but if he demanded more I would refuse and let a judge decide. There is not a judge in the world that could live on what the CCCS or OR allow.

[Skippy]

I was lucky with my original OR Michael as I had fairly generous allowances in 2007. My problems really started when I had a pay cut and contacted the RTLU to have my IPA reduced. As I said I had a £80 pay cut and a £25 reduction in my IPA - I'm not quite sure how they expect that to work!

I don't know why I didn't query it at the time to be honest, but I think I was just glad to get the reassessment over and done with. I have no idea what expenditure was disallowed or reduced, but something obviously was.

They are talking about reviewing the pay at work at the end of the year which will be a help if it actually happens. I know I'm supposed to tell the OR of any pay increases, but as they are only reinstating our salary in stages (if at all!) it won't be worth the OR's while to reassess my IPA again, especially in view of the tax code change - unless of course they want to reduce my expenditure a bit more!

I think the CCCS and OR's guidelines need to move with the times. How on earth can they think it's fair to reduce expenditure when the cost of everything is going up?

Sorry, rant over!

[MelanieGiles]

That is a great story to share Michael - I trust the judge was not based in the Northern Ireland High Court by chance??!!

[Michael Peoples]

Actually Birmingham Melanie. I know our Masters here are perceived to be pretty lenient but there are some good judges on the mainland too.

[Ceedy]

Hi all,
interesting read, just replying to the OR asking for the figures again ?.
and info on the info below !.

As my daughter now has problems in getting to work,(shes a provisional driver and cannot always get an accompanying driver( usually MUM). Seems her options are limited to taking a few driving lessons & test,is this condsidered an allowable amount ?. and also due to the above she is allowed , and able to work from home , but obviously need internet access todo this, which according to the OR is not an allowable cost ?, both are really needed! .

in addition the subject of her boyfriend moving in has arisen, again , he can contribute about 350 per month to the household, but the council tax single occupancy allowance will go , food etc will increase. and working tax credit( over 350 ) will cease ? so got to get head around the figures, looks a bit and see if its a feasble option, the only fly in the system is the OR's calcs again ?.

any comments peeps ?

C.

[MelanieGiles]

Your daughter will need to pay for her own driving lessons I am afraid. If her boyfriend si to move into the property, then he does need to pay a fair market rent - which should be higher if it is to include food and utilities.

[Ceedy]

Been reading this which gives clue or two to the guidelines.

http://www.insolvency.gov.uk/freedomofi ... t_2.htm#16

Chris

[Ceedy]

well after a complete revising of the dispoables
. a result ??
we have just had a email form the OR stating his calculations show my daughter has insufficient disposable income for an IPA.

So where does does that now leave the situation.
it fast approaching 12months since the BR .

any clues???

Chris